Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-04-22
srvrrrrESrH DAY.

When court reccnvened one more w1tness
was called to the stand, in the person OF John
Amsler. ard he, on taking the stand Responded
that inter he and H. A. Lyon went to the cor
nor Of Fourth and Water streets on the nigh,
of the mrrder-mceting DR.. Knott on the way
thither-he return d to the Shepherd sa1oon on
and when he returned it was by his watch lo:1a
O'Clock. Mr.. Amsler testified as witness 1oi
the defense. ALL. ~.
After the brief testimony of Mr.. Amsler, .ne
presentation of legal points in the ca-o pesan'
r. J, Taylor opening in behalf of the state;
Mr.. Taylor in the outset quoted sections ooie
aud Ss49 of the Code, which are as follows:
whoever kills any human being with NAL
ice aforethought, either express or 'mpileo' 's
guilty of murder"
o call murder which is perpetrated by means
of poison, or lying in wait, or any other klnd
of willful. deliberate and premeditated killing,
or which is committed in the perpetratlon or
atempt to perpetrate any arson, rape, ROD
berry. MAYHEM or burglary, is murder OF inc
first degree, and shall be punished ty lmprls-
onment for life at hard labor in the State pen
itentiary." .-
Mr.. TAYLOR then proceeded to define briefly
the ingredients of murder of the first degree
influences, elaboration, reconciliation ana
malice aforethought-and then pas. ed to the
question of accessories, citing section 4ol4 OF
the Code. as follows:
u liz " NA
f,re the fact and q principal is abrogated, and
MI persons concerned in the commission OF q
public otfense, whether they directly commit
the act constituting the %otfensc, or aid and abet
it's commission, though not present, must
hereafter he indicted, tried and punished as
principals"
1t is not our intention to present to our
readers the entire list Of authorities cited by
the legal lights on either side OF the case, at
it would be wea,isome as well as nnintercst-
ing matter for their perusal, therefore We pass
to a few points of the most interest gwen by
o. G. I'redway in behalf of the defense.
Mr.. 1'redway insisted that under the !owa
statute, defining murder, n crime involving
malice, cannot be injected int q con- piracy
invo wing nm act which had in it no murderous
malice. the defendant is by the lndlctmen,
charged directly with the Killing and not with
the testimony regarding the conspiracy should,
therefore, be taken from the jury. In any
event no testimony is admissible except taat
relating to August . and3.
The afternoon session opened with the be-
ginning of the final summing up to the jury.
it being arranged that each side should be en-
titled to three speeches, in the following or
der: First one speech for the state, then two
speeches for the defense, then one for the
state, then one for the defense, and one TO-
the state. 1t is understood that Lynn, Weaver
and Pcndleton will make the closing arguments
for the defense. Hubbard opened for tho
state, and 1T is understood that Marsh anc
O'Connell will make the other two speeches
for the state, O'Connell closing.
Mr.. Hubbard, in opening with his able ant
elaborate address in the discussion of the eyi-
dence. began at the very incl iency of the
crime and picked mp thread by thread the tes'
timony of each W tness in detail, and in clos
ing Mr.. Hubbard asked the jury SIMPLY to dc
its duty, to do 1t vol and truly under the sol
! emil oath which bound it.